Order, entered on April 21, 1961, denying motion by defendant to preclude plaintiff for failure to furnish information sought in several items of the demand for a bill of particulars, unanimously reversed, on the law, on the facts and in the exercise of discretion, with $20 costs and disbursements to the appellant and the motion granted, with $10 costs to the extent of precluding plaintiff as to those items for which information was not furnished. In reversing a previous order denying a motion to preclude this court held that in "the absence of a timely motion to vacate or modify a demand for a bill of particulars, the items will not be scrutinized and an order of preclusion will be granted unless the demand is palpably improper" ( Coin v. Lebenkoff, 10 A.D.2d 916). The prior decision of this court reflects a holding that the items to which plaintiff did not respond were not "palpably improper"; and since once again he has failed to furnish the information sought by these identical items and thereby cure his previous default, the motion for preclusion must be granted. Settle order on notice.
Concur — Botein, P.J., Breitel, Rabin, Eager and Noonan, JJ.